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(영문) 서울남부지방법원 2019.04.30 2018가단15028
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The Defendant’s KRW 7,66,667 and November 16, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 20, 2015, the Plaintiff entered into a lease agreement with the Defendant (Lessee) on the real estate stated in the separate sheet (hereinafter “instant real estate”) on the following grounds: “Lease period: from August 22, 2015 to August 21, 2016; KRW 5 million per annum; and KRW 40 million per annum (payment on August 22 of each year).”

On August 22, 2015, the Plaintiff handed over the instant real estate to the Defendant.

B. On December 18, 2017, the Plaintiff and the Defendant extended the above lease agreement, and on February 18, 2017, the term “lease period: from February 22, 2018 to February 21, 2019; KRW 10 million; KRW 41.5 million per annum; and KRW 41.5 million per annum (payment by February 16, 2018), respectively.”

(hereinafter “instant lease agreement”). C.

On March 6, 2018, the Defendant paid only KRW 10 million out of the above rent to the Plaintiff, and did not pay the remainder of KRW 31.5 million.

On July 10, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the Plaintiff did not pay rent.

[Ground of recognition] Unsatisfy, Gap 1, 2, and 3 evidence, the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the instant lease agreement was terminated on July 10, 2018 on the ground of the Defendant’s delinquency in payment.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and KRW 7,66,67 [the base date of October 16, 2018, KRW 27,66,66, and KRW 67 [the period from February 16, 2018, which the Defendant agreed to pay for rent ± 12 months ¡À8 months] - 10 million (the rent paid by the Defendant on March 6, 2018), and KRW 10 million (the rent paid by the Defendant on March 6, 2018), from November 16, 2018 (the date the Plaintiff seeks as of October 16, 2018) to the completion date of the delivery of the instant real estate] (the period calculated at the rate of KRW 3,45,330,315 million calculated at the rate of 15 million) to the date the Plaintiff seeks.

Although the Defendant asserts as follows, the amount of overdue rent and unjust enrichment sought by the Plaintiff is itself.

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